Military Divorce

A military divorce comes with many rules and often with exceptions to those rules. A good example is where the divorce case may be heard. The answer is in one of three locations. But this article is about the military ID and the many benefits which come with such an item.

There are some aspects of being in the military which do not appeal to many civilians. Fighting in a war zone comes to mind; so too being ordered to move from one location to another.

But being in the military does have its benefits. Housing, medical and pension benefits are just three areas in which the military looks after its own. And if a member of the armed services marries then most if not all the benefits afforded to the military spouse will be provided for the non-military spouse. In some areas the children of the military marriage are equally entitled to the benefits.

Sounds fair and good but what happens when the marriage comes undone? Well that's where the rules and the exceptions to the rules come into play.

One simple keyword for non-military spouses is longevity. If someone has been married to a member of the military for at least twenty years and if the military spouse has at least twenty years of service, in short the non-military spouse gets all the benefits she (or he) got when married. They get to keep them.

Now that sounds harsh on a non-military spouse who may have divorced after twenty years of marriage but only fifteen of those involved the military spouse actually being in the military. In such a case the non-military spouse would be entitled to only the medical benefit previously enjoyed and only for twelve months from the date of the divorce being granted.

Now there are a couple of points here. First, you need to know these ID benefit rules and maybe you should adjust your divorce where possible. Remember being separated is not counted as being divorced.

And it doesn't matter how long you've been married and how long the military spouse has been in the military, if the non-military spouse is divorced and entitled to receive any benefit or benefits, if they re-marry, any and all benefits stop forthwith.

The rules continue. If the military marriage lasted for more than ten years, the armed services are entitled to pay the non-military divorced spouse any amount awarded by the civilian court. If the marriage didn't make it to ten years, the armed services will not deduct any court-ordered pay to the former spouse. And if the spouse does not receive what the court has ordered she (or he) should receive, it's necessary to go back to the court to try and sort out the situation.

On the issue of medical benefits, a former non-military spouse may receive such benefits but then find him or herself a new job. If the new job provides medical coverage as part of the employment, the armed services benefit ceases.

But if the former spouse loses their job and thus their medical cover, the previously granted armed services medical benefit can be re-instated. If the non-military spouse re-marries they lose the benefit. If that new marriage fails, former benefits may be re-instated except the medical benefits.

As said before, there are rules and exceptions to these rules and the total amount of information within the legislation is extensive.

So much so that anyone involved in a military divorce is strongly advised to seek outside professional advice and not from a lawyer but from any lawyer but from a lawyer who has expert skills and knowledge in the field of military divorce.

The term 20/20/20 is important. It defines if and how many benefits a non-military spouse may receive. The first 20 refers to the length of the marriage. Is it at least 20 years?

The second 20 refers to length of service performed by the military spouse, service which entitles the member to retirement pay. Is it at least 20 years?

And finally, the third 20 refers to the overlap i.e. how many years were the couple married when one spouse was serving in the military. Is it at least 20?

As mentioned before there is also a 20/20/15 situation. What is important is for you to know what these figures mean and how your benefits from a military divorce will be affected.

If you want to study the legislation yourself, it comes under what is known as the Uniformed Services Former Spouses' Protection Act (FSPA). You can read from uscg.mil.

It's a huge volume and a lawyer experienced in military divorce will save you time and money.

Non-military spouses may sometimes suffer from bad behavior when their former spouse tries to use the ID benefits as a bargaining tool in settling a divorce. Or the military spouse may damage or destroy the spouse's card. There is protection and punishment involved here.

The non-military spouse can have their application for benefits heard regardless of what their former spouse thinks or does. The information will be on the armed services computer and that information can and is used to determine whether benefits are due.

The destruction of an ID card is regarded as a serious offense by the armed services and any military spouse found to give done a such a thing is liable to suffer the consequences.

Another fact to be aware of involves any possible co-payment which applies to a non-military spouse. Let's assume it is the wife who is receiving medical benefits after the divorce and she goes to a non-military medical facility. Her benefits may not cover all of the costs and the ex-spouse will be liable for such costs. She should either have additional insurance or use a military medical facility.

Military divorcees should be aware that federal legislation has changed over recent decades and a full knowledge of what has recently been set in law is essential. Know what the regulations do and don't allow.

Timing is everything in many aspects of life and if a non-military spouse is to receive benefits after their divorce, it is essential to know the 20/20/20 situation and other versions thereof. Find a lawyer who knows the military divorce scene back to front. You could enjoy or lose vital benefits for the rest of your life.

Here are additional resources you might be interested in:

Read more Military Divorce information.

If you're in the USA and there's no property or finances to settle, then you can do it yourself. There's a number of places online where you can carry out a divorce (which is much cheaper than going through the courts and lawyers). Legal Zoom's 3-Step Divorce Process can provide quick and easy online divorces.

United Kingdom Military Divorce information.

Australia Military Divorce information.

If you plan to get a divorce in Australia, the Aussie Divorce Services can guide you.